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CASCADE FIREWORKS v. STATE OF OREGON

85-2350; CA A40335.

738 P.2d 1013 (1987)

86 Or.App. 355

CASCADE FIREWORKS, Inc., an Oregon Corporation, Dba Uncle Sam's Wholesale Fireworks, Appellant, v. STATE OF OREGON, Respondent.

Court of Appeals of Oregon.

Decided July 8, 1987.

Attorney(s) appearing for the Case

Joseph E. Penna, Monmouth, argued the cause and filed the brief for appellant.

Jerome S. Lidz, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and John A. Reuling, Jr., Asst. Atty. Gen., Salem.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

DEITS, Judge.

Plaintiff, a wholesaler of fireworks, brought this declaratory judgment action challenging the constitutionality of statutes regulating the sale of fireworks. The trial court upheld the constitutionality of the statutes. We affirm.

ORS 480.110 to ORS 480.160 provide a comprehensive statutory scheme for the regulation of the sale of fireworks. ORS 480.120 prohibits sales within Oregon except under limited circumstances. Sales to customers residing...

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